No Village officer or employee shall use his or her Village
position or official powers and duties to secure a material benefit,
whether financial or otherwise, for
A.
Himself or herself,
B.
A relative or member of his or her household,
C.
Any private organization in which he or she has an interest,
D.
A client or customer from which the officer or employee knows that
he or she, his or her outside employer, firm, limited liability company,
partnership or association, or corporation in which he or she is the
owner of more than 5% of the outstanding corporate stock, directly
or indirectly derived income in excess of $5,000 during the previous
24 months, or
E.
A person from whom the officer or employee has received a private loan, gift, tip or other benefit as defined by § 41-17D, having a value of $75 or more during the previous 12 months, or multiple private loans, gifts, tips or other benefits from the same lender or donor in a twelve-month period, having an aggregate value of $75 or more.
No Village officer or employee shall participate in any decision or take any official action requiring the exercise of discretion, including discussing, deliberating or voting on a matter, when he or she knows or has reason to know that the action may confer a direct or indirect, material, financial or other benefit on a person or entity specified in § 41-4 of this chapter.
A.
The requirements relating to recusal set forth in § 41-6 of this chapter, and the disclosure requirements set forth in Article III of this chapter, shall not apply with respect to the following matters:
(1)
Adoption of the Village's annual budget.
(2)
Any matter requiring the exercise of discretion that directly affects
any of the following groups of people or a similarly situated class
of such people:
(3)
Any ministerial matter (a matter that does not require the exercise
of discretion).
(4)
Uncompensated participation by a member of the Village Board of Trustees,
or by his or her staff on behalf of such member, in public advocacy
whether or not on behalf of a constituent.
(5)
Appearance by a Village employee before a Village department, agency,
board or commission in a representative capacity on behalf of an employee
organization in any matter where such appearance is duly authorized
by the employee organization.
(6)
Uncompensated participation in public advocacy by a Village officer
or employee who serves as a political party chairperson.
B.
Recusal shall not be required, but disclosure pursuant to Article II of this chapter shall be required, with respect to any matter:
(1)
Which comes before a board or commission when a majority of the entire
membership of the board or commission would otherwise be prohibited
from acting and the matter cannot be lawfully delegated to another
board or commission; or
(2)
Which comes before a Village officer when the officer would be prohibited
from acting and the matter cannot be lawfully delegated to another
person.
A.
No Village officer or employee shall have an interest in any contract
with the Village, when such officer or employee, individually or as
a member of a board or commission, has the power or duty, whether
or not exercised (i.e., a violation of this section shall not be cured
by the absence, recusal or abstention of the interested officer or
employee), to:
B.
For the purposes of this section, the term "contract" means any claim,
account or demand against or agreement with the Village, express or
implied.
C.
Notwithstanding the foregoing, for the purposes of this section,
the term "contract" shall not include:
(1)
The designation of a bank or trust company as a depository, paying
agent, registration agent or for investment of Village funds except
when the chief fiscal officer, treasurer, or his deputy or employee,
has an interest in such bank or trust company; provided, however,
that where designation of a bank or trust company outside the Village
would be required because of the foregoing restriction, a bank or
trust company within the Village may nevertheless be so designated;
(2)
A contract with a person, firm, corporation or association in which
a Village officer or employee has an interest which is prohibited
solely by reason of his or her status as an officer or employee thereof,
if the compensation from such employment will not be directly affected
as a result of the contract and the duties of such employment do not
directly involve the procurement, preparation or performance of any
part of the contract;
(3)
The designation of a newspaper, including but not limited to an official
newspaper, for the publication of any notice, resolution, ordinance
or other proceeding where such publication is required or authorized
by law;
(4)
The purchase by the Village of real property or an interest therein,
provided the purchase and the consideration therefor is approved by
order of the supreme court upon petition of the Village Board of Trustees;
(5)
The acquisition of real property or an interest therein, through
condemnation proceedings according to law;
(6)
A contract with a membership corporation or other voluntary not-for-profit
corporation or association;
(7)
The sale of bonds and notes pursuant to Section 60.10 of the Local
Finance Law;
(8)
A contract in which a Village officer or employee has an interest
if such contract was entered into prior to the time he or she was
elected or appointed as such officer or employee, but this subsection
shall in no event authorize a renewal of any such contract;
(9)
A contract with a corporation in which a Village officer or employee
has an interest by reason of stockholdings when less than 5% of the
outstanding stock of the corporation is owned or controlled directly
or indirectly by such officer or employee;
(10)
A contract for the furnishing of public utility services at rates
or charges that are fixed or regulated by the public service commission;
(11)
A contract for the payment of a reasonable rental of a room or rooms
owned or leased by a Village officer or employee, used in the performance
of his or her official duties, and designated as an office or chamber;
(12)
A contract for the payment of a portion of the compensation of a
private employee of an officer when such employee performs part time
service in the official duties of the office;
(13)
A contract in which a Village officer or employee has an interest
if the total consideration payable thereunder, when added to the aggregate
amount of all consideration payable under contracts in which such
person had an interest during the fiscal year, does not exceed the
sum of $750.
(14)
A contract with a member of a private industry council established
in accordance with the federal job training partnership act or any
firm, corporation or association in which such member holds an interest,
provided the member discloses such interest to the council and the
member does not vote on the contract.
A.
No elected Village official or Village employee serving as staff
to the Village Board of Trustees or to a Village Trustee, shall receive
or agree to receive, directly or indirectly, any compensation for
consulting or advisory services in connection with any proposed local
law or resolution of the Village Board of Trustees.
B.
No Village officer or employee shall ask for, pursue or accept a
private secondary employment opportunity with any person or organization
that has a matter requiring the exercise of discretion pending before
the Village officer or employee, either individually or as a member
of a board or commission, while the matter is pending or within the
60 days following final disposition of the matter.
C.
No Village officer or employee, during his or her tenure as a Village
officer or employee, shall engage in any secondary employment, or
engage in any business, commercial, or professional activity, when
the secondary employment or business, commercial or professional activity:
(1)
Involves duties that are incompatible with those of the official
duties of the Village officer or employee;
(2)
May be reasonably expected to require frequent and inevitable recusal;
(3)
May be reasonably expected to require disclosure or personal use
of confidential information gained by reason of serving as a Village
officer or employee;
(4)
Pursuant to which the officer or employee will receive, or enter
into any agreement, express or implied, to receive compensation for
services to be rendered in connection with any matter before any Village
department, agency, board or commission of which he or she is an officer,
member or employee or of any Village department, agency, board or
commission over which he or she has jurisdiction or to which he has
the power to appoint any member, officer or employee;
(5)
Pursuant to which the officer or employee will receive, or enter
into any agreement, express or implied, to receive compensation for
services to be rendered in connection with any matter before any Village
department, agency, board or commission, whereby his compensation
is to be dependent or contingent upon any action by such department,
agency, board or commission with respect to such matter, provided
that this subsection shall not prohibit the fixing at any time of
fees based upon the reasonable value of the services rendered; or
(6)
Involves the representation of a person or organization other than
the Village in connection with any application, request, claim or
proposal before any Village department, agency, board or commission,
or any litigation, negotiations or matter requiring the exercise of
discretion to which the Village is a party; or
(7)
Pursuant to which the officer or employee will receive, or enter
into any agreement, express or implied, to receive compensation for
services rendered in connection with any application, request, claim
or proposal before any Village department, agency, board or commission,
or any litigation, negotiations or matter requiring the exercise of
discretion to which the Village is a party.
A.
No Village officer or employee shall ask for, pursue or accept a
private post-government employment opportunity with any person or
organization that has a matter requiring the exercise of discretion
pending before the Village officer or employee, either individually
or as a member of a board or commission, while the matter is pending
or within the 60 days following final disposition of the matter.
B.
No Village officer or employee, for the one-year period after serving
as a Village officer or employee, shall appear before or communicate
in any form with the Village office, board, department or comparable
organizational unit for which he or she served, except on behalf of
the state or a political subdivision or instrumentality thereof, or
in furtherance of the interests of the Village with the approval of
the Board of Ethics upon application of the his or her former Village
department, agency, board or commission.
C.
No Village officer or employee, at any time after serving as a Village
officer or employee, shall represent or render services to a private
person or organization in connection with any particular matter in
which he or she personally and substantially participated while serving
as a Village officer or employee, except on behalf of the state or
a political subdivision or instrumentality thereof, or in furtherance
of the interests of the Village with the approval of the Board of
Ethics upon application of a Village department, agency, board or
commission.
No independent contractor or employee of an independent contractor
of the Village shall seek to exert undue influence, or to obtain an
undue preference, on behalf of a private interest, directly or indirectly,
in a matter before any Village department, agency, board or commission.
A violation of this section shall be cause for termination of the
independent contractor's engagement with the Village.
This code shall not be construed as prohibiting a Village officer
or employee or an independent contractor of the Village from:
A.
Seeking or accepting Village services, benefits, or the use of Village
facilities, on the same terms and conditions as are available to Village
residents or a class of similarly situated Village residents.
B.
Representing, without compensation, himself or herself, a relative,
or a member of his or her household before a Village department, agency,
board or commission other than the one served by the Village officer,
employee or independent contractor; or
A.
Village resources shall be used only for authorized Village purposes.
Village resources include, but are not limited to, Village personnel,
compensated time, money, vehicles, equipment, letterhead, materials,
supplies or other property.
B.
No Village officer or employee shall use or permit the use of Village
resources for personal or private purposes, but this provision shall
not be construed as prohibiting:
(1)
Any use of Village resources authorized by law, Village policy or
collective bargaining agreement to which the Village is a party;
(2)
The use of Village resources for personal or private purposes when
provided to a Village officer or employee as part of his or her compensation;
or
(3)
The occasional and incidental use of Village telephones and computers
for necessary personal, nonbusiness matters such as family care and
changes in work schedule.
C.
No Village officer or employee shall cause the Village to spend more
than is reasonably necessary for transportation, meals or lodging
in connection with official travel.
Except as otherwise required by law:
A.
No Village officer or employee, either individually or as a member
of a Village board or commission, shall participate in or influence
any decision to appoint, hire, promote, discipline or discharge a
relative or a member of his or her household.
B.
No Village officer or employee shall directly supervise a relative
or member of his or her household in the performance of such person's
official duties.
A.
No Village officer or employee shall directly or indirectly use his
or her authority or official influence to coerce or compel a subordinate
Village officer or employee to make, or promise to make, any political
contribution, whether by gift of money, service or other thing of
value.
B.
No Village officer or employee shall act or decline to act in relation
to appointing, hiring or promoting, discharging, disciplining, or
in any manner changing the official rank, status or compensation of
any Village officer or employee, or an applicant for a position as
a Village officer or employee, on the basis of the giving or withholding
or neglecting to make any contribution of money or service or any
other valuable thing for any political purpose.
A.
No current or former Village officer or employee shall disclose confidential
information concerning the property, government or affairs of the
Village or any other confidential information of an official character
obtained as a result of Village employment except when disclosure
is required by law or when such information is otherwise available
to the public, nor shall be or she use such information to advance
the financial or other private interest of himself or herself or others.
B.
For the purposes of this section, the term "confidential information"
means:
A.
No Village officer or employee shall accept or receive any gift or
other benefit, or multiple gifts or other benefits from the same donor
in a twelve-month period, having an aggregate value of $75 or more
when:
(1)
The gift or other benefit would reasonably appear to be intended
to influence the officer or employee in the exercise or performance
of his or her official duties;
(2)
The gift or other benefit would reasonably be expected to influence
the officer or employee in the exercise or performance of his or her
official duties; or
(3)
The gift or other benefit would reasonably appear to be intended
as a reward for any official action on the part of the officer or
employee.
B.
No Village officer or employee shall directly or indirectly solicit,
or accept any gift or other benefit from a person who the Village
officer or employee knows or has reason to know has received or sought
a financial benefit from the Village within the past 12 months.
C.
No Village officer or employee shall solicit, accept or agree to
accept any gift, tip or other benefit for having engaged in official
conduct which he or she was required or authorized to perform, and
for which he or she was not entitled to any special or additional
compensation.
D.
For purposes of this section, the terms "gift," "tip" and "other
benefit" include anything of value, whether in the form of money,
service, loan, travel, entertainment, hospitality, thing or promise,
or in any other form. The value of a gift, tip or other benefit is
its fair market value, determined by the retail cost of the item or
a comparable item. The fair market value of a ticket entitling the
holder to food, refreshments, entertainment, or any other benefit
is the face value of the ticket, or the actual cost to the donor,
whichever is greater.
E.
Notwithstanding the foregoing, this section shall not prohibit:
(1)
Gifts made to the Village and duly accepted on the Village's
behalf;
(2)
Gifts from a person with a family or personal relationship with the
officer or employee when it is reasonable to conclude that the personal
relationship, rather than the recipient's status as a Village
officer or employee, is the primary motivating factor for the gift;
(3)
Gifts given on nonrecurring special occasions, such as marriage,
illness, or retirement, which are reasonable and customary;
(4)
Unsolicited advertising or promotional material of little intrinsic
value, such as pens, pencils, note pads, and calendars;
(5)
Awards and plaques having a value of less than $75 which are publicly
presented in recognition of service as a Village officer or employee,
or other service to the community; or
(6)
Incidental meals and refreshments provided when a Village officer
or employee is a speaker or participant at a job-related professional,
charitable, educational, or community conference, program or event;
(7)
Gifts or benefits having a value of $100 or less that are received
by a Village officer or employee serving in a capacity listed in Section
11 of the Domestic Relations Law for the solemnization of a marriage
by the officer or employee at a place other than his or her normal
public place of business or at a time other than his or her normal
hours of business;
(8)
Gifts or benefits having a value of $75 or less that are received
by a marriage officer appointed by the Village Board of Trustees pursuant
to Section 11-c of the Domestic Relations Law and serving without
salary or wage, for the solemnization of a marriage by the officer
or employee.
(9)
Contributions made in accordance with federal or state election law.
No Village officer, employee or independent contractor shall
induce a Village officer, employee or independent contractor to violate,
nor aid a Village officer, employee or independent contractor in violating,
any of the provisions of this chapter.
